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Good heads up, ararejul.
Curious if the Flickr staff could/should contact them, since it's Flickr that is being credited...
Flickr may have deeper voice, if you know what I mean.
Also, wouldn't this go against Flickr's own Guidelines/TOS?
Posted 44 months ago.
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i see they stole jberg's gaslight anthem photo:
www.lala.com/#artist/The_Gaslight_Anthem
Posted 44 months ago.
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Actually... lala may have an agreement with Flickr, so Flickr may not only NOT consider these stolen, but rather an accepted business practice?
Just curious, as members have been surprised at times at Flickr's business partnerships/ API licensees...
Posted 44 months ago.
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On quick look I saw the following regs photos being used:
Todd - Avenged Sevenfold, Slipknot, Brand New
Kathryn - The National
Aloysiuslim - Maroon 5, James Blunt
Carrie - Of Montreal, Linkin Park
Dan (Dreadful) - The Bravery
Cornershopstudios - Papa Roach
Cary Liao - The Rocket Summer
Not sure if you guys are already aware but just a heads up if you're not!
Originally posted 44 months ago.
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::TheyWillROCKyoudotcom:: edited this topic 44 months ago.
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wow, after looking at the site i found one of my photos,and they had the balls to cut off my watermark.
www.lala.com/#artist/From_First_To_Last
takedown notice and invoice has been sent.
Originally posted 44 months ago.
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ishotyourband edited this topic 44 months ago.
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Thanks for the heads up!
I found myself a number of times.
Just curious, as members have been surprised at times at Flickr's business partnerships/ API licensees...
I have opted out from searches on 3rd party sites that use the Flickr API. If they are using the API (not sure if they are or are not), then I should be hidden. I'm not. Regardless, something is wrong here.
Originally posted 44 months ago.
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Kathryn Yu edited this topic 44 months ago.
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@Kathryn: I have opted out of third party sites also.
I also noticed, the photos show up as thumbnails when people have it playing in their playlists. So its being used a lot.
Originally posted 44 months ago.
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ishotyourband edited this topic 44 months ago.
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@macsfstop: Lala can't make an agreement with Flickr for image use as Flickr does not own the images. Lala should be licensing every image they use from the copyright owner.
@ishotyourband: If they removed your watermark, DMCA says they owe $2,500 to $25,000 per image for removal of copyright management information. Make sure that is in your invoice!
Originally posted 44 months ago.
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Walter Rowe Photography edited this topic 44 months ago.
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@ishotyourband:
Also on their directories and top artists lists!
Browse > Alternative > Alternative Music has a TON of familiar work.
Posted 44 months ago.
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Fairytalevegas' shot here:
www.lala.com/#artist/Amanda_Palmer
Carrie Delineated here:
www.lala.com/#artist/Badly_Drawn_Boy
Todd Owyoung:
www.lala.com/#artist/Girl_Talk
Originally posted 44 months ago.
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Kathryn Yu edited this topic 44 months ago.
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well on another note. Im glad to see that we have great photographers on here creating photos great enough to steal. haha.. hope we see some payment. I gotta go to work, Ill update if I get any reply on my invoice. @walter: I let them know that the removing of the watermark shows clear intent of infringement in the court of law.
Posted 44 months ago.
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I just sent a couple of FlickrMail messages to people who's photos I saw over there. Above each photo in the top right there is a link to the original Flickr source.
Posted 44 months ago.
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I knew the fuckers would have stolen a Gabriella Cilmi picture before even looking!! ...
www.lala.com/#artist/Gabriella_Cilmi
www.flickr.com/photos/lornethomson/2676668497/
Posted 44 months ago.
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Thanks, Walter. I'm really curious now how this moves along and eventually turns out. Lala's gotten a lot of positive press, so I'd doubt they would chance not just a negative backlash, but a financial one, too.
Must say, though... they've chosen some amazing photos! Dang, you guys are good!
EDIT: Somehow found a photo of Lala's founders... via google search:
flickr.com/photos/askmanny/2452443387/
Originally posted 44 months ago.
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macsfstop edited this topic 44 months ago.
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Grrr...thank you guys for pointing out a few of mine that have been stolen. I haven't had a chance to check it out myself yet, but did see referrals from Lala in my Flickr stats (though when I went to click the actual referral, it didn't give one). I'll have to look into this when I get home later tonight.
Posted 44 months ago.
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Thanks for all who sent me notes about this. I just had a look myself and saw they're using my images for at the following:
Girl Talk
J. Holiday
Solange
Brand New
Avenged Sevenfold
The Dresden Dolls
Slipknot
Ludo
Posted 44 months ago.
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Looked briefly. 8 stolen photos so far:
The Faint
Of Montreal
Apples in Stereo
Linkin Park
Badly Drawn Boy
The Raconteurs
Apostle of Hustle
Billy Talent
And that's just from going through a FEW pages...
Make sure you screen grab all of your shots!
Posted 44 months ago.
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Is there any chance that LaLa and Flickr have something or someone in common? Same parent company? Same executives? Is one a wholly owned subsidiary of the other? Just curious.
UPDATE: According to Wikipedia, LaLa got a large $20M cash infusion from Warner Music Group and has many major labels associated with their service now.
Originally posted 44 months ago.
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Walter Rowe Photography edited this topic 44 months ago.
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I just had a quick look and haven't found any of mine... but I will look into it further later.
I like your style ishotyourband - I wonder what response you get from them.
Posted 44 months ago.
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Kathryn and Gabi tipped me off to an MIA shot of mine being used, and then I found they had one of RATATAT. i stopped looking after that, maybe there is more. Also sent a "who do i send an invoice to" letter. we'll see what happens.
Who backs these guys. can anybody else say, class action lawsuit?
Posted 44 months ago.
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Just checked out their terms & conditions, this made me laugh
Claims of Copyright Infringement.
la la respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
la la's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, la la media, inc. 209 Hamilton Ave., Suite 200; Palo Alto, CA 94301
Posted 44 months ago.
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@ macsfstop:
I originally came across this yesterday while looking up brand new and let Todd know that I'd seen his pic.
From what the two of us saw they do not use an app that pulls in pictures; they host the edited pictures on their own site.
Clear copyright infringement.
Originally posted 44 months ago.
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ararejul edited this topic 44 months ago.
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BTW... for anyone interested in further clarity on how the DMCA works, there was a great Wired blog post about the 10th anniversary of the law.
blog.wired.com/27bstroke6/2008/10/ten-years-later.html
This response is ever so slightly off topic, sorry, but I enjoyed the article!
Posted 44 months ago.
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Another BTW... lala is supposed to be a LEGAL business enterprise that's attempting to help consumers do the right thing in their consumption of music legally (another form of intellectual property), and yet they turn around and PIRATE other content for their site.
If all of you who have caught them using your work send a copy of the SAME takedown notice, and enclose invoices for each infringement ($2,500 per image sounds fair), it will be far more effective than piecemeal action.
Send registered mail, or FedEx if you can.
Posted 44 months ago.
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okay, I know some of the people at lala and my first instinct is to let them know that what they've done is uncool... but I don't know if that helps or hurts you guys seeking to get paid. Would a heads-up to them be detrimental to you guys and your cases? Or would it be better if I could get a name of someone who might be in charge and maybe help move things along?
Posted 44 months ago.
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Unfortunately there are major inconsistencies between sectors of the music business when it comes to intellectual property rights - unfortunately photographers seem to be bottom of the heap as few people seem to give a damn if copyright images are used.
Posted 44 months ago.
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@chromewaves - what they've done is not "uncool" it's actually ILLEGAL. And everyone should be seeking damages stat.
Posted 44 months ago.
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yes, I know - they've used at least one of my photos as well - but my question is does it hurt or help anyone's case here if I get in touch with them directly about the matter? Because that is my inclination right now.
Posted 44 months ago.
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As of 2 hours from my posting, both of my shots have been removed after i had asked for an address for sending an invoice. Doesnt make it right, but somebody is paying attention....
Posted 44 months ago.
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that's because no one ever steals from rude bear and gets away with it.
Posted 44 months ago.
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Ryan Muir: Did you get a screenshot of your photo's being used? I suggest anyone who hasn't got one yet, gets one now.
Posted 44 months ago.
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Well they stole shots I took of
Sara Bareilles
Jon Mclaughlin
and JoJo
The irony about all three of those shots were they were shows I was just attending and had my point and shoot instead of my procam.
Posted 44 months ago.
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If the photo was hotlinked directly back to the photos, I'd be less pissed off. However, there are a number of things about this that really anger me:
1) they're hosting the images on their own site, so they had to blatantly steal the images
2) I have a copyright statement under each image stating my terms of use very explicitly, with contact information
3) my images were cropped of their copyright watermark
4) in at least one instance out of the 11 images I found so far, they actually CHANGED the image (ie. added to one to make it a landscape shot)
This shows me that there was no denying intent to steal the images for free. And for this, they will realize that "free" is going to cost them an awful lot.
Posted 44 months ago.
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I received a call today about the issue. in my email i let them know that a lot of other photographers were upset also. I explained to them that most of the photos on flickr are all rights reserved, and if they were marked creative commons that would be different. they asked me what they should do. I told them first off they should start by deleting all of the flickr photos that are not cc and that would be a start. Ill keep you updated on everything. I know my photo has been removed also. DMCA letters work fast.
Originally posted 44 months ago.
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ishotyourband edited this topic 44 months ago.
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Kathryn: www.lala.com/#artist/A.C._Newman
i found another one of my shots in just a few minutes of searching. looks like most of their shots are from flickr.
To the group: Is there anything we can all do together, as a group, so justice is served? I don't want another unpaid invoice sitting. How can we best fight this?
Posted 44 months ago.
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send a dmca notice (to get it removed) and a invoice (to get paid) like i did. that simple.
Posted 44 months ago.
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Thanks Alyssa.
Carrie: I found more at www.lala.com/#artist/Sloan and www.lala.com/#artist/Asobi_Seksu
Originally posted 44 months ago.
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Kathryn Yu edited this topic 44 months ago.
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i found one of mine
www.lala.com/#artist/Alkaline_Trio
Posted 44 months ago.
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jeez i feel left out, i did not see anything of mine..even for bands that they have no picture for at all...lol
GL to all though..i just had to talk to an artist, they were hosting private, credit to themselves but they at least did link back to me.
what lala is doing is just nuts.
its really a shame..i hate to post with a huge WM across them, i post here for fans, so i hate to do that. this has been keeping me from posting hardly anything on myspace, almost without fail every time i post something there it shows up on the artist page uncredited and half the time modified.
Originally posted 44 months ago.
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photographers-northwest.com edited this topic 44 months ago.
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You and me both Joe!
Posted 44 months ago.
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There is now (literally added moments ago) a "report image" link on each photograph.
la la's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, la la media, inc. 209 Hamilton Ave., Suite 200; Palo Alto, CA 94301
Thanks! I guess we have an address now to send invoices to.
Originally posted 44 months ago.
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Kathryn Yu edited this topic 44 months ago.
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Alyssa pointed out they are using at least one of my images.
They seem to have added a "Report Image" link above the photos now.
Posted 44 months ago.
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well i am in the club, the took my ben harper pic.
how much are you all charging them?
Posted 44 months ago.
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Thanks to Kathryn I see they've got at least two of mine:
www.lala.com/#artist/Mission_Of_Burma
www.lala.com/#artist/The_Twilight_Singers
Do for-profit sites really think they can download, crop, and display a bunch of high-quality images and that nobody will raise a concern?
Posted 44 months ago.
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Hey guys-
Being brought into this after Kathryn tipped me off to them ripping off my Fratellis photo: www.lala.com/#artist/The_Fratellis
This is WRONG WRONG WRONG.
Posted 44 months ago.
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yay found one! haha/.
www.lala.com/#artist/John_Holt
their search function is such a pile of shit.
Originally posted 44 months ago.
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Bryan Kremkau | SkaPunkPhotos.com edited this topic 44 months ago.
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Hahaha, Bryan. After feeling indignant FOR all of you, I'm feeling the sting more directly.
www.lala.com/#artist/Lady_Antebellum
Posted 44 months ago.
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I can't help but feel a little rejected...
Posted 44 months ago.
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Thanks to those of you who emailed and/or left links on my images, much appreciated! The count is at 15 images now.
Kathryn, thanks for posting the address. :)
Posted 44 months ago.
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haha.. on the horrribbbllee plus side? i get to find some really cool images of bands i like without having to look through flickr..
ps. don't feel too rejected. in the end the hassle of this is probably way more than the compliment of being chosen to steal from.
(so far i haven't found any of mine and have to remind myself it's a good thing- although it definitely makes me feel like i should step up my game)
Posted 44 months ago.
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Not sure if this is something they've just added to the site, but above the photos it says SOURCE: Flickr.com. I don't know if that puts a different spin on things!
Some of mine...
www.lala.com/#artist/Duran_Duran
www.lala.com/#artist/Hard-Fi
www.lala.com/#artist/Glasvegas
Originally posted 44 months ago.
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Carsten Windhorst | FRPAP.COM edited this topic 44 months ago.
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Well found this one so far:
www.lala.com/#artist/Dave_Matthews_Band
According to my 'Flickr Stats', lala.com 'viewed' my photos 3 times this week.
Posted 44 months ago.
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How exactly are you guys checking this out? are you blind searching? using stats in flickr? what's the deal?
Posted 44 months ago.
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I'm looking through every band I've shot and then using their search.
Posted 44 months ago.
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Jesus, that'd take me decades to complete!
Posted 44 months ago.
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Yeah, I'm probably going to give up after a while...but really I'm just checking the more well-known artists. I'm up to 17 images mis-used.
Originally posted 44 months ago.
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Kathryn Yu edited this topic 44 months ago.
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This is what I sent to dmca@networksolutions.com for those too lazy to look at the other thread.
Hello,
A user (lala.com) of your site has posted my copyrighted images on your server
(lala.com), please remove them as soon as possible and any other
images that are from my website if there are any, as they are
infringing on my copyright.
This is my DMCA notice
I would like to inform you that one of your clients is using my
copyrighted photos without permission and I wish for them to be
removed immediately.
Links to the images that violate my copyright:
artist-images.lala.com/image/artists/large//01/15/1e/8600...
Link to where the image was stolen from:
www.flickr.com/photos/gopster/2414054369/
They do not have any permission to use any of my photos. Please remove
them from the server ASAP.
I have a good faith belief that use of the copyrighted materials
described above on the infringing web pages is not authorized by my
registered copyright and by the law. I swear, under penalty of
perjury, that the information in the notification is accurate and that
I am the copyright owner of an exclusive right that is infringed.
Please feel free contact me if you have any questions
Thanks For Your Time,
Chris | the Other Chris
WHOIS Information
Visit AboutUs.org for more information about LALA.COM AboutUs: LALA.COM
Registrant: Make this info private
la la media, inc.
209 Hamilton Ave
Suite 200
Palo Alto, CA 94301
US
Domain Name: LALA.COM
Promote your business to millions of viewers for only $1 a month!
Learn how you can get an Enhanced Business Listing here for your domain name.
Learn More
Administrative Contact , Technical Contact :
la la media, inc.
ops@lala.com
209 Hamilton Ave
Suite 200
Palo Alto, CA 94301
US
Phone: 650-315-5022
Record expires on 24-Jan-2014
Record created on 23-Jan-1996
Database last updated on 05-Oct-2006
Domain servers in listed order: Manage DNS
NS-1.LALA.COM 209.237.235.11
NS-2.LALA.COM 67.111.218.165
Show underlying registry data for this record
Current Registrar: NETWORK SOLUTIONS, LLC.
IP Address: 209.237.235.129 (ARIN & RIPE IP search)
IP Location: US(UNITED STATES)-NEW YORK-NEW YORK
Record Type: Domain Name
Server Type: Apache
Lock Status: clientTransferProhibited
Web Site Status: Active
DMOZ no listings
Y! Directory: see listings
Web Site Title: Lala - Where music plays
Secure: Yes
E-commerce: No
Traffic Ranking: 4
Data as of: 22-Apr-2008
Posted 44 months ago.
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A user (lala.com) of your site has posted my copyrighted images on your server
(lala.com), please remove them as soon as possible and any other
images that are from my website if there are any, as they are
infringing on my copyright.
This is my DMCA notice
DMCA is for user submitted content right?
lala's banners are not user submitted. I am a user and there is no user uploaded content on that site.
Posted 44 months ago.
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I think Chris sent his notice directly to Lala's web host. Right, Chris?
Posted 44 months ago.
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yes, indeedy.
Posted 44 months ago.
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looks like they took down all the images!
Posted 44 months ago.
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woah, way to make their site hella ugly and awks looking.
i feel kinda bad but not really...
Posted 44 months ago.
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yeah it looks great with those nice red Xs
Posted 44 months ago.
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Though they have pulled the images, they still haven't pulled the reference to the original image on flickr (in some cases at least).
Posted 44 months ago.
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update: all images, black boxes, and links have been removed.
Posted 44 months ago.
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yep... looks like just album covers are left... Very quick-acting response, group!
Posted 44 months ago.
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Although I didn't find any of my images there, once the images had been removed I emailed them letting them know I have an extensive archive of music photos and if they are interested in working out a licensing deal for their use to please contact me.
I'll be very surprised if I get a response!
Posted 44 months ago.
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haha nice! good job everyone.
Posted 44 months ago.
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Apparently my picture is on: www.lala.com/#artist/Bayside
But I don't see anything, does that mean it has been removed?
Posted 44 months ago.
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Is anyone getting any money out of this?
Posted 44 months ago.
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Zilla, yes, it's been removed.
Posted 44 months ago.
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Any forward movement on this guys? Any updates? I know we successfully had them remove all Flickr photo content, but has anyone heard back regarding invoices that have been sent?
Posted 43 months ago.
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Nope, nada.
Posted 43 months ago.
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well, I was talking to someone on lala.com, the guy wanted to work out a deal with me to use my archive of photos for their site, lets just say that I was going to give them a good deal and they counter offered with a deal that was a joke. anyways, I asked for a update on my invoice that I sent them. Ill update when i get a reply, I have screenshots and back ups of their site using my work.
Posted 43 months ago.
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I arrived too late, I'm sure some of mine were there too.
Nice job guys, good to see some solidarity!
you guys rock.
Posted 43 months ago.
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A bump for updates. Not sure of legal issue, but Lala's using either CC images (ex: "Image based on The Factory, Sydney by Foraggio Fotographic licensed under Creative Commons Attribution-ShareAlike") or licensed ones (ex "Image based on a photo by Jonathan Mannion licensed from UMG") but then cropping them for their site. Not sure I get the "image based" phrasing though.
Any update on your "deal" ishot?
Posted 36 months ago.
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I was paid for my photo awhile back and they received a license to use if for a year, so no more complaints on my side. Just hope the rest of you pressed them to get paid.
i think now they are using CC, licensed photos, or publicity shots.
and this provides another reason not to use the CC license.
Originally posted 36 months ago.
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ishotyourband edited this topic 36 months ago.
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Good to hear it was a professional outcome for you. Didn't think, though, you could alter a CC image though, but could be wrong.
Posted 36 months ago.
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my images are not cc. that was the problem, they were using non cc photos.
Originally posted 36 months ago.
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ishotyourband edited this topic 36 months ago.
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